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Panel backs bill to require reasonable first-responder searches for qualified service animals
Summary
House Bill 111 would require first responders, after protecting human life, to make a reasonable effort to search for a qualified service animal when informed one is present; the Conservation Committee gave the bill a due-pass recommendation 5-3.
The Conservation Committee advanced House Bill 111 by a 5-3 vote after testimony from handlers, disability advocates and bill sponsors about a July incident in which a service dog died following a water-main explosion.
Representative Matthews, sponsor of HB111, described the case of Rose Romero, a blind New Mexico resident who lost her service dog after the July explosion. "HB111 amends the Service Animal Act to say that if a first responder at an emergency is made aware that the owner has a qualified service animal, the first responder shall, to the extent practicable and while prioritizing human safety, make a reasonable effort to search for the qualified service animal," Matthews said.
Rose Romero and advocates with the Disability Coalition and other groups spoke in support. Ellen Pines of the Disability Coalition explained that service animals are trained dogs or miniature horses "that are specifically trained to assist a person with a disability" and urged the committee to approve a statute that balances the needs of responders and handlers. Grace Montano Irwin of Bridal Protection Voters and Nat Dean, a long-time handler, also described the personal and practical consequences of losing a qualified service animal.
Opposition on the committee centered on liability and the use of the word "shall" in the proposed language. Senator Townsend and others warned that the phrase "make a reasonable effort" is not defined and could expose first responders or volunteer responders to litigation in stressful emergency conditions. Sponsors and witnesses said they intended the language to be limited: protecting human life remains the priority, and the obligation is contingent on practicality and safety.
Committee members asked whether the bill includes a definition of "first responder"; sponsors said the bill adds that definition on page 2. Senators also asked about training and whether reasonable-effort standards should be developed for responders; Bree Pritchard (Service Animals of New Mexico) said training standards and local protocols are appropriate to implement the statute.
The committee recorded a motion and voted 5 to 3 to give HB111 a due-pass recommendation. The bill was referred next to Senate Judiciary. Several senators asked sponsors to be prepared to answer liability and training questions at the next referral.
Votes at a glance: House Bill 111 'Adds a duty for first responders to "make a reasonable effort" to search for qualified service animals when made aware. Committee action: due-pass recommendation (5 yes, 3 no).
